Chombo, through his lawyer Mr Tungamirai Muganhiri, filed
an application before Harare regional magistrate Mr Ngoni Nduna, but the State
led by Mr Shepherd Makonde, wanted Chombo to prove to the court that the
treatment he requires is not locally available.
Mr Makonde also argued that Chombo should have indicated
that he needed to regularly visit South Africa for medical attention when he
initially applied for bail.
“It is submitted that accused person has failed to
discharge the onus upon him to show that the relief he now seeks is necessary
and in the interest of justice.
“It is submitted that the application lacks bona fides. “There
is no explanation why the accused could not place before the court at his
initial bail application that he required to travel to South Africa regularly
for specialist medical treatment. It is also submitted that there is no
confirmation that the required treatment is not available in Zimbabwe,” said
the State.
The State said the risk on Chombo’s absconding was high despite
him having offered another set of title deeds as surety for the temporary
release of the passport.
“The accused has offered in his submissions to surrender
another set of title deeds in exchange of the temporary release of his
passport.
“While such an offer is attractive, it amounts to inviting
the court participate in a barter trade, which something a court cannot do,” he
said. Herald
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